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H.R.6412 - Attracting the Best and Brightest Act of 2012
To amend the Immigration and Nationality Act to provide for immigrant visas for certain advanced STEM graduates, and for other purposes.
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Ms. ZOE LOFGREN of California (for herself, Mr. GUTIERREZ, Mr. GONZALEZ, Mr. CONYERS, Mr. GEORGE MILLER of California, Ms. ROYBAL-ALLARD, Mr. HINOJOSA, Mrs. NAPOLITANO, Mr. SABLAN, Mr. HONDA, Ms. ESHOO, and Ms. MATSUI) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
‘(i) possess a graduate degree at the level of master’s or higher in a field of science, technology, engineering, or mathematics from a United States research institution of higher education;CommentsClose CommentsPermalink
‘(iv) will receive a wage level from the employer that is at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question.CommentsClose CommentsPermalink
‘(i) The term ‘field of science, technology, engineering, or mathematics’ means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences.CommentsClose CommentsPermalink
‘(II) is classified by the Director of the National Science Foundation as a research institution or as otherwise excelling at instruction in a field of science, technology, engineering, or mathematics;CommentsClose CommentsPermalink
‘(IV) does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any recruitment or admission activities for nonimmigrant students or in making decisions regarding the award of student financial assistance to nonimmigrant students; andCommentsClose CommentsPermalink
‘(I) IN GENERAL- An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act (
29 U.S.C. 49et seq.).CommentsClose CommentsPermalink
‘(II) LINKS- The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor.’; andCommentsClose CommentsPermalink
‘(5) To satisfy the requirement under section 203(b)(6)(A)(iv), an employer must demonstrate that the total amount of compensation to be paid to the alien (including health insurance, stock options, and other benefits provided by the employer) must meet or exceed the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.’.CommentsClose CommentsPermalink
(f) GAO Study- Not later than June 30, 2017, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(ii)(II) of the Immigration and Nationality Act (
(g) Public Information- The Secretary of Homeland Security shall make available to the public on the official website of the Department of Homeland Security, and shall update not less than monthly, the following information (which shall be organized according to month and fiscal year) with respect to aliens granted status under section 203(b)(6) of the Immigration and Nationality Act (
(1) The name, city, and State of each employer who petitioned pursuant to either of such paragraphs on behalf of one or more aliens who were granted status in the month and fiscal year to date.CommentsClose CommentsPermalink
(1) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2012, and shall apply with respect to fiscal years beginning on or after such date.CommentsClose CommentsPermalink
SEC. 3. STUDENT VISA REFORM.
(a) In General- Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (
(1) Section 214(b) of the Immigration and Nationality Act (
(2) Section 214(h) of the Immigration and Nationality Act (
SEC. 4. AGE-OUT PROTECTIONS FOR CHILDREN.
‘(i) IMMIGRANT PETITIONS- Notwithstanding any other provision of the Act, a determination of whether an alien is a child for the purposes of a petition under sections 204 and 209 shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security.CommentsClose CommentsPermalink
‘(ii) CHILD OF U.S. CITIZEN FIANCE- A determination of whether an alien is a child for the purposes of a petition under section 214 or an application for adjustment of status under section 245(d) shall be made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiance of a U.S. citizen.’.CommentsClose CommentsPermalink
SEC. 5. PERMANENT PRIORITY DATES.
‘(1) IN GENERAL- Subject to subsection (h)(3) and paragraph (2), the priority date for any family- or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date.CommentsClose CommentsPermalink
‘(A) is the beneficiary of any family-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed family-based petition (including self-petitions); orCommentsClose CommentsPermalink
‘(B) is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions).’.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date.CommentsClose CommentsPermalink
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